

[Federal Register: September 11, 2007 (Volume 72, Number 175)]
[Proposed Rules]               
[Page 51747-51758]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11se07-21]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2007-0533; FRL-8465-8]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Redesignation of the Centre County 8-Hour Ozone 
Nonattainment Area to Attainment and Approval of the Area's Maintenance 
Plan and 2002 Base Year Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a redesignation request and State 
Implementation Plan (SIP) revisions submitted by the Commonwealth of 
Pennsylvania. The Pennsylvania Department of Environmental Protection 
(PADEP) is requesting that the Centre County ozone nonattainment area 
(State College Area) be redesignated as attainment for the 8-hour ozone 
national ambient air quality standard (NAAQS). EPA is proposing to 
approve the ozone redesignation request for State College Area. In 
conjunction with its redesignation request, PADEP submitted a SIP 
revision consisting of a maintenance plan for State College Area that 
provides for continued attainment of the 8-hour ozone NAAQS for at 
least 10 years after redesignation. EPA is proposing to make a 
determination that the State College Area has attained the 8-hour ozone 
NAAQS, based upon three years of complete, quality-assured ambient air 
quality ozone monitoring data for 2004-2006. EPA's proposed approval of 
the 8-hour ozone redesignation request is based on its determination 
that the State College Area has met the criteria for redesignation to 
attainment specified in the Clean Air Act. In addition, PADEP submitted 
a 2002 base year inventory for the State College Area which EPA is 
proposing to approve as a SIP revision. EPA is also providing 
information on the status of its adequacy determination for the motor 
vehicle emission budgets

[[Page 51748]]

(MVEBs) that are identified in the State College Area maintenance plan 
for purposes of transportation conformity, which EPA is also proposing 
to approve. EPA is proposing approval of the redesignation request, and 
the maintenance plan and the 2002 base year inventory SIP revisions in 
accordance with the requirements of the Clean Air Act.

DATES: Written comments must be received on or before October 11, 2007.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2007-0533 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for 

submitting comments.
    B. E-mail: powers.marilyn@epa.gov
    C. Mail: EPA-R03-OAR-2007-0533, Marilyn Powers, Acting Chief, Air 
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2007-0533. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at http://www.regulations.gov, including any personal information 

provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 

is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 

automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 

information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in http://www.regulations.gov
 or in hard copy during normal business hours at the 

Air Protection Division, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the 
State submittal are available at the Pennsylvania Department of 
Environmental Protection, Bureau of Air Quality, P.O. Box 8468, 
Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at quinto.rose@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we'', 
``us'', or ``our'' is used, we mean EPA.

Table of Contents

I. What Are the Actions EPA Is Proposing To Take?
II. What Is the Background for These Proposed Actions?
III. What Are the Criteria for Redesignation to Attainment?
IV. Why Is EPA Taking These Actions?
V. What Would Be the Effect of These Actions?
VI. What Is EPA's Analysis of the State's Request?
VII. Are the Motor Vehicle Emissions Budgets Established and 
Identified in the Maintenance Plan for the State College Area 
Adequate and Approvable?
VIII. Proposed Action
IX. Statutory and Executive Order Reviews

I. What Are the Actions EPA Is Proposing To Take?

    On June 12, 2007, PADEP formally submitted a request to redesignate 
the State College Area from nonattainment to attainment of the 8-hour 
NAAQS for ozone. Concurrently, on June 12, 2007, PADEP submitted a 
maintenance plan for the State College Area as a SIP revision to ensure 
continued attainment for at least 10 years after redesignation. PADEP 
also submitted a 2002 base year inventory as a SIP revision on June 12, 
2007. The State College Area is currently designated as a basic 8-hour 
ozone nonattainment area. EPA is proposing to determine that the State 
College Area has attained the 8-hour ozone NAAQS and that it has met 
the requirements for redesignation pursuant to section 107(d)(3)(E) of 
the Clean Air Act. EPA is, therefore, proposing to approve the 
redesignation request to change the designation of the State College 
Area from nonattainment to attainment for the 8-hour ozone NAAQS. EPA 
is also proposing to approve the State College Area maintenance plan as 
a SIP revision, such approval being one of the Clean Air Act criteria 
for redesignation to attainment status. The maintenance plan is 
designed to ensure continued attainment in the State College Area for 
the next ten years. EPA is also proposing to approve the 2002 base year 
inventory for the State College Area as a SIP revision. Additionally, 
EPA is announcing its action on the adequacy process for the MVEBs 
identified in the State College Area maintenance plan, and proposing to 
approve the MVEBs identified for volatile organic compounds (VOC) and 
nitrogen oxides (NOX) for transportation conformity 
purposes.

II. What Is the Background for These Proposed Actions?

A. General

    Ground-level ozone is not emitted directly by sources. Rather, 
emissions of NOX and VOC react in the presence of sunlight 
to form ground-level ozone. The air pollutants NOX and VOC 
are referred to as precursors of ozone. The Clean Air Act establishes a 
process for air quality management through the attainment and 
maintenance of the NAAQS.
    On July 18, 1997, EPA promulgated a revised 8-hour ozone standard 
of 0.08 parts per million (ppm). This new standard is more stringent 
than the previous 1-hour ozone standard. EPA designated, as 
nonattainment, any area violating the 8-hour ozone NAAQS based on the 
air quality data for the three years of 2001-2003. These were the most 
recent three years of data at the time EPA designated 8-hour areas. The 
State College Area was designated as basic 8-hour ozone nonattainment 
status in a Federal Register notice signed on April 15, 2004 and 
published on April 30, 2004 (69 FR 23857), based on its exceedance of 
the 8-hour health-based standard for ozone during the years 2001-2003.
    On April 30, 2004, EPA issued a final rule (69 FR 23951, 23996) to 
revoke the 1-hour ozone NAAQS in the State

[[Page 51749]]

College Area (as well as most other areas of the country) effective 
June 15, 2005. See, 40 CFR 50.9(b); 69 FR at 23966 (April 30, 2004); 70 
FR 44470 (August 3, 2005).
    However, on December 22, 2006, the U.S. Court of Appeals for the 
District of Columbia Circuit vacated EPA's Phase 1 Implementation Rule 
for the 8-hour Ozone Standard. (69 FR 23951, April 30, 2004). South 
Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (DC Cir. 2006). 
On June 8, 2007, in South Coast Air Quality Management Dist. v. EPA, 
Docket No. 04-1201, in response to several petitions for rehearing, the 
DC Circuit clarified that the Phase 1 Rule was vacated only with regard 
to those parts of the rule that had been successfully challenged. 
Therefore, the Phase 1 Rule provisions related to classifications for 
areas currently classified under subpart 2 of Title I, Part D of the 
Clean Air Act as 8-hour nonattainment areas, the 8-hour attainment 
dates and the timing for emissions reductions needed for attainment of 
the 8-hour ozone NAAQS remain effective. The June 8 decision left 
intact the Court's rejection of EPA's reasons for implementing the 8-
hour standard in certain nonattainment areas under subpart 1 in lieu of 
subpart 2. By limiting the vacatur, the Court let stand EPA's 
revocation of the 1-hour standard and those anti-backsliding provisions 
of the Phase 1 Rule that had not been successfully challenged. The June 
8 decision reaffirmed the December 22, 2006 decision that EPA had 
improperly failed to retain measures required for 1-hour nonattainment 
areas under the anti-backsliding provisions of the regulations: (1) 
Nonattainment area New Source Review (NSR) requirements based on an 
area's 1-hour nonattainment classification; (2) Section 185 penalty 
fees for 1-hour severe or extreme nonattainment areas; and (3) measures 
to be implemented pursuant to section 172(c)(9) or 182(c)(9) of the 
Clean Air Act, on the contingency of an area not making reasonable 
further progress toward attainment of the 1-hour NAAQS, or for failure 
to attain that NAAQS.
    In addition, the June 8 decision clarified that the Court's 
reference to conformity requirements for anti-backsliding purposes was 
limited to requiring the continued use of 1-hour motor vehicle 
emissions budgets until 8-hour budgets were available for 8-hour 
conformity determinations, which is already required under EPA's 
conformity regulations. The Court thus clarified that 1-hour conformity 
determinations are not required for anti-backsliding purposes.
    The Court upheld EPA's authority to revoke the 1-hour standard 
provided there were adequate anti-backsliding provisions. Elsewhere in 
this document, mainly in section VI.B. ``The State College Area Has Met 
All Applicable Requirements Under Section 110 and Part D of the Clean 
Air Act and Has Fully Approved SIP under Section 110(k) of the Clean 
Air Act,'' EPA discusses its rationale why the decision in South Coast 
is not an impediment to redesignating the State College Area to 
attainment of the 8-hour ozone NAAQS.
    The Clean Air Act, Title I, Part D, contains two sets of 
provisions--subpart 1 and subpart 2--that address planning and control 
requirements for nonattainment areas. Subpart 1 (which EPA refers to as 
``basic'' nonattainment) contains general, less prescriptive 
requirements for nonattainment areas for any pollutant--including 
ozone--governed by a NAAQS. Subpart 2 (which EPA refers to as 
``classified'' nonattainment) provides more specific requirements for 
ozone nonattainment areas. Some 8-hour ozone nonattainment areas are 
subject only to the provisions of subpart 1. Other areas are also 
subject to the provisions of subpart 2. Under EPA's 8-hour ozone 
implementation rule, an area was classified under subpart 2 based on 
its 8-hour ozone design value (i.e., the 3-year average annual fourth-
highest daily maximum 8-hour average ozone concentration), if it had a 
1-hour design value at or above 0.121 ppm (the lowest 1-hour design 
value in the Clean Air Act for subpart 2 requirements). All other areas 
are covered under subpart 1, based upon their 8-hour design values. In 
2004, State College Area was designated a basic 8-hour ozone 
nonattainment area based upon air quality monitoring data from 2001-
2003, and therefore, is subject to the requirements of subpart 1 of 
Part D.
    Under 40 CFR part 50, the 8-hour ozone standard is attained when 
the 3-year average of the annual fourth-highest daily maximum 8-hour 
average ambient air quality ozone concentrations is less than or equal 
to 0.08 ppm (i.e., 0.084 ppm when rounding is considered). See 69 FR 
23857, (April 30, 2004) for further information. Ambient air quality 
monitoring data for the 3-year period must meet data completeness 
requirements. The data completeness requirements are met when the 
average percent of days with valid ambient monitoring data is greater 
than 90 percent, and no single year has less than 75 percent data 
completeness as determined in Appendix I of 40 CFR part 50. The ozone 
monitoring data from the 3-year period of 2004-2006 indicates that the 
State College Area has a design value of 0.076 ppm. Therefore, the 
ambient ozone data for the State College Area indicates no violations 
of the 8-hour ozone standard.

B. The State College Area

    The State College Area consists of Centre County, Pennsylvania. 
Prior to its designation as an 8-hour ozone nonattainment area, State 
College Area was an attainment/unclassifiable area for the 1-hour ozone 
nonattainment NAAQS. See 56 FR 56694 (November 6, 1991).
    On June 12, 2007, PADEP requested that the State College Area be 
redesignated to attainment for the 8-hour ozone standard. The 
redesignation request included 3 years of complete, quality-assured 
data for the period of 2004-2006, indicating that the 8-hour NAAQS for 
ozone had been achieved in the State College Area. The data satisfies 
the Clean Air Act requirements when the 3-year average of the annual 
fourth-highest daily maximum 8-hour average ozone concentration 
(commonly referred to as the area's design value) is less than or equal 
to 0.08 ppm (i.e., 0.084 ppm when rounding is considered). Under the 
Clean Air Act, a nonattainment area may be redesignated if sufficient 
complete, quality-assured data is available to determine that the area 
has attained the standard and the area meets the other Clean Air Act 
redesignation requirements set forth in section 107(d)(3)(E).

III. What Are the Criteria for Redesignation to Attainment?

    The Clean Air Act provides the requirements for redesignating a 
nonattainment area to attainment. Specifically, section 107(d)(3)(E) of 
the Clean Air Act, allows for redesignation, providing that:
    (1) EPA determines that the area has attained the applicable NAAQS;
    (2) EPA has fully approved the applicable implementation plan for 
the area under section 110(k);
    (3) EPA determines that the improvement in air quality is due to 
permanent and enforceable reductions in emissions resulting from 
implementation of the applicable SIP and applicable Federal air 
pollutant control regulations and other permanent and enforceable 
reductions;
    (4) EPA has fully approved a maintenance plan for the area as 
meeting the requirements of section 175A; and
    (5) The State containing such area has met all requirements 
applicable to the area under section 110 and Part D.

[[Page 51750]]

    EPA provided guidance on redesignation in the General Preamble for 
the Implementation of Title I of the Clean Air Act Amendments of 1990, 
on April 16, 1992 (57 FR 13498), and supplemented this guidance on 
April 28, 1992 (57 FR 18070). EPA has provided further guidance on 
processing redesignation requests in the following documents:
     ``Ozone and Carbon Monoxide Design Value Calculations'', 
Memorandum from Bill Laxton, June 18, 1990;
     ``Maintenance Plans for Redesignation of Ozone and Carbon 
Monoxide Nonattainment Areas,'' Memorandum from G. T. Helms, Chief, 
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
     ``Contingency Measures for Ozone and Carbon Monoxide (CO) 
Redesignations,'' Memorandum from G. T. Helms, Chief, Ozone/Carbon 
Monoxide Programs Branch, June 1, 1992;
     ``Procedures for Processing Requests to Redesignate Areas 
to Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992;
     ``State Implementation Plan (SIP) Actions Submitted in 
Response to Clean Air Act Deadlines,'' Memorandum from John Calcagni, 
Director, Air Quality Management Division, October 28, 1992;
     ``Technical Support Documents (TSD's) for Redesignation 
Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum from 
G.T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, August 17, 
1993;
     ``State Implementation Plan (SIP) Requirements for Areas 
Submitting Requests for Redesignation to Attainment of the Ozone and 
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) On 
or After November 15, 1992,'' Memorandum from Michael H. Shapiro, 
Acting Assistant Administrator for Air and Radiation, September 17, 
1993;
     Memorandum from D. Kent Berry, Acting Director, Air 
Quality Management Division, to Air Division Directors, Regions 1-10, 
``Use of Actual Emissions in Maintenance Demonstrations for Ozone and 
CO Nonattainment Areas,'' dated November 30, 1993;
     ``Part D New Source Review (Part D NSR) Requirements for 
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary D. 
Nichols, Assistant Administrator for Air and Radiation, October 14, 
1994; and
     ``Reasonable Further Progress, Attainment Demonstration, 
and Related Requirements for Ozone Nonattainment Areas Meeting the 
Ozone National Ambient Air Quality Standard,'' Memorandum from John S. 
Seitz, Director, Office of Air Quality Planning and Standards, May 10, 
1995.

IV. Why Is EPA Taking These Actions?

    On June 12, 2007, PADEP requested redesignation of the State 
College Area to attainment for the 8-hour ozone standard. On June 12, 
2007, PADEP submitted a maintenance plan for the State College Area as 
a SIP revision to assure continued attainment at least 10 years after 
redesignation. EPA has determined that the State College Area has 
attained the standard and has met the requirements for redesignation 
set forth in section 107(d)(3)(E). PADEP also submitted a 2002 base 
year inventory concurrently with its maintenance plan as a SIP 
revision.

V. What Would Be the Effect of These Actions?

    Approval of the redesignation request would change the designation 
of the State College Area from nonattainment to attainment for the 8-
hour ozone NAAQS found at 40 CFR part 81. It would also incorporate 
into the Pennsylvania SIP a 2002 base year inventory and a maintenance 
plan ensuring continued attainment of the 8-hour ozone NAAQS in the 
State College Area for the next 10 years. The maintenance plan includes 
contingency measures to remedy any future violations of the 8-hour 
NAAQS (should they occur), and identifies the MVEBs for NOX 
and VOC for transportation conformity purposes for the years 2004, 2009 
and 2018. These motor vehicle emissions (2004) and MVEBs (2009 and 
2018) are displayed in the following table:

     Table 1.--Motor Vehicle Emissions Budgets in Tons per Day (tpd)
------------------------------------------------------------------------
                       Year                            NOX        VOC
------------------------------------------------------------------------
2009..............................................       12.5        5.4
2018..............................................        6.0        3.7
------------------------------------------------------------------------

VI. What Is EPA's Analysis of the State's Request?

    EPA is proposing to determine that State College Area has attained 
the 8-hour ozone standard and that all other redesignation criteria 
have been met. The following is a description of how PADEP's June 12, 
2007 submittal satisfies the requirements of section 107(d)(3)(E) of 
the Clean Air Act.

A. The State College Area Has Attained the 8-Hour Ozone NAAQS

    EPA is proposing to determine that the State College Area has 
attained the 8-hour ozone NAAQS. For ozone, an area may be considered 
to be attaining the 8-hour ozone NAAQS if there are no violations, as 
determined in accordance with 40 CFR 50.10 and Appendix I of part 50, 
based on three complete and consecutive calendar years of quality-
assured air quality monitoring data. To attain this standard, the 
design value, which is the 3-year average of the fourth-highest daily 
maximum 8-hour average ozone concentrations, measured at each monitor 
within the area over each year must not exceed the ozone standard of 
0.08 ppm. Based on the rounding convention described in 40 CFR part 50, 
Appendix I, the standard is attained if the design value is 0.084 ppm 
or below. The data must be collected and quality-assured in accordance 
with 40 CFR part 58, and recorded in the Air Quality System (AQS). The 
monitors generally should have remained at the same location for the 
duration of the monitoring period required for demonstrating 
attainment.
    In the State College Area, there is one monitor that measures air 
quality with respect to ozone. As part of its redesignation request, 
Pennsylvania submitted ozone monitoring data for the years 2004-2006 
(the most recent three years of data available as of the time of the 
redesignation request) for the State College Area. This data has been 
quality assured and is recorded in AQS. The fourth-high 8-hour daily 
maximum concentrations, along with the three-year average, are 
summarized in Table 2.

 Table 2.--State College County Nonattainment Area Fourth Highest 8-Hour
    Average Values; State College County Monitor, AQS ID 42-027-0100
------------------------------------------------------------------------
                                                                 Annual
                                                                4th high
                             Year                               reading
                                                                 (ppm)
------------------------------------------------------------------------
2004.........................................................      0.069
2005.........................................................      0.083
2006.........................................................     0.078
------------------------------------------------------------------------
The average for the 3-year period 2004 through 2006 is 0.076 ppm.

    The air quality data for 2004-2006 show that the State College Area 
has attained the standard with a design value of 0.076 ppm. The data 
collected at the State College Area monitor satisfies the Clean Air Act 
requirement that the 3-year average of the annual

[[Page 51751]]

fourth-highest daily maximum 8-hour average ozone concentration is less 
than or equal to 0.08 ppm. PADEP's request for redesignation for the 
State College Area indicates that the data was quality assured in 
accordance with 40 CFR part 58. PADEP uses the AQS as the permanent 
database to maintain its data and quality assures the data transfers 
and content for accuracy. In addition, as discussed below with respect 
to the maintenance plan, PADEP has committed to continue monitoring in 
accordance with 40 CFR part 58. In summary, EPA has determined that the 
data submitted by Pennsylvania and taken from AQS indicates that State 
College Area has attained the 8-hour ozone NAAQS.

B. The State College Area Has Met All Applicable Requirements Under 
Section 110 and Part D of the Clean Air Act and Has a Fully Approved 
SIP Under Section 110(k) of the Clean Air Act

    EPA has determined that the State College Area has met all SIP 
requirements applicable for purposes of this redesignation under 
section 110 of the Clean Air Act (General SIP Requirements) and that it 
meets all applicable SIP requirements under Part D of Title I of the 
Clean Air Act, in accordance with section 107(d)(3)(E)(v). In addition, 
EPA has determined that the SIP is fully approved with respect to all 
requirements applicable for purposes of redesignation in accordance 
with section 107(d)(3)(E)(ii). In making these proposed determinations, 
EPA ascertained what requirements are applicable to the area and 
determined that the applicable portions of the SIP meeting these 
requirements are fully approved under section 110(k) of the Clean Air 
Act. We note that SIPs must be fully approved only with respect to 
applicable requirements.
    The September 4, 1992 Calcagni memorandum (``Procedures for 
Processing Requests to Redesignate Areas to Attainment,'' Memorandum 
from John Calcagni, Director, Air Quality Management Division, 
September 4, 1992) describes EPA's interpretation of section 
107(d)(3)(E) with respect to the timing of applicable requirements. 
Under this interpretation, to qualify for redesignation, States 
requesting redesignation to attainment must meet only the relevant 
Clean Air Act requirements that come due prior to the submittal of a 
complete redesignation request. See also, Michael Shapiro memorandum, 
September 17, 1993, and 60 FR 12459, 12465-66, (March 7, 1995) 
(redesignation of Detroit-Ann Arbor). Applicable requirements of the 
Clean Air Act that come due subsequent to the area's submittal of a 
complete redesignation request remain applicable until a redesignation 
is approved, but are not required as a prerequisite to redesignation. 
Section 175A(c) of the Clean Air Act. Sierra Club v. EPA, 375 F.3d 537 
(7th Cir. 2004). See also, 68 FR 25424, 25427 (May 12, 2003) 
(redesignation of St. Louis).
    This action also sets forth EPA's views on the potential effect of 
the Court's rulings on this proposed redesignation action. For the 
reasons set forth below, EPA does not believe that the Court's rulings 
alter any requirements relevant to this redesignation action so as to 
preclude redesignation, and do not prevent EPA from proposing or 
ultimately finalizing this redesignation.
    EPA believes that the Court's December 22, 2006 and June 8, 2007 
decisions impose no impediment to moving forward with redesignation of 
this area to attainment, because even in light of the Court's 
decisions, redesignation is appropriate under the relevant 
redesignation provisions of the Clean Air Act and longstanding policies 
regarding redesignation requests.
1. Section 110 General SIP Requirements
    Section 110(a)(2) of Title I of the Clean Air Act delineates the 
general requirements for a SIP, which include enforceable emissions 
limitations and other control measures, means, or techniques, 
provisions for the establishment and operation of appropriate devices 
necessary to collect data on ambient air quality, and programs to 
enforce the limitations. The general SIP elements and requirements set 
forth in section 110(a)(2) include, but are not limited to, the 
following:
     Submittal of a SIP that has been adopted by the State 
after reasonable public notice and hearing;
     Provisions for establishment and operation of appropriate 
procedures needed to monitor ambient air quality;
     Implementation of a source permit program; provisions for 
the implementation of Part C requirement (Prevention of Significant 
Deterioration (PSD));
     Provisions for the implementation of Part D requirements 
for New Source Review (NSR) permit programs;
     Provisions for air pollution modeling; and
     Provisions for public and local agency participation in 
planning and emission control rule development.
    Section 110(a)(2)(D) requires that SIPs contain certain measures to 
prevent sources in a State from significantly contributing to air 
quality problems in another State. To implement this provision, EPA has 
required certain States to establish programs to address transport of 
air pollutants in accordance with the NOX SIP Call, October 
27, 1998 (63 FR 57356), amendments to the NOX SIP Call, May 
14, 1999 (64 FR 26298) and March 2, 2000 (65 FR 11222), and the Clean 
Air Interstate Rule (CAIR), May 12, 2005 (70 FR 25162). However, the 
section 110(a)(2)(D) requirements for a State are not linked with a 
particular nonattainment area's designation and classification in that 
State. EPA believes that the requirements linked with a particular 
nonattainment area's designation and classifications are the relevant 
measures to evaluate in reviewing a redesignation request. The 
transport SIP submittal requirements, where applicable, continue to 
apply to a State regardless of the designation of any one particular 
area in the State.
    Thus, we do not believe that these requirements are applicable 
requirements for purposes of redesignation. In addition, EPA believes 
that the other section 110 elements not connected with nonattainment 
plan submissions and not linked with an area's attainment status are 
not applicable requirements for purposes of redesignation. The State 
College Area will still be subject to these requirements after it is 
redesignated. The section 110 and Part D requirements, which are linked 
with a particular area's designation and classification, are the 
relevant measures to evaluate in reviewing a redesignation request. 
This policy is consistent with EPA's existing policy on applicability 
of conformity (i.e., for redesignations) and oxygenated fuels 
requirement. See, Reading, Pennsylvania, proposed and final rulemakings 
(61 FR 53174-53176, October 10, 1996), (62 FR 24816, May 7, 1997); 
Cleveland-Akron-Lorain, Ohio, final rulemaking (61 FR 20458, May 7, 
1996); and Tampa, Florida, final rulemaking (60 FR 62748, December 7, 
1995). See also, the discussion on this issue in the Cincinnati 
redesignation (65 FR 37890, June 19, 2000), and in the Pittsburgh 
redesignation (66 FR 50399, October 19, 2001). Similarly, with respect 
to the NOX SIP Call rules, EPA noted in its Phase 1 Final 
Rule to Implement the 8-hour Ozone NAAQS, that the NOX SIP 
Call rules are not ``an `applicable requirement' for purposes of 
section 110(l) because the NOX rules apply regardless of an 
area's attainment or nonattainment status for the 8-hour (or the 1-
hour) NAAQS.'' 69 FR 23951, 23983 (April 30, 2004).
    EPA believes that section 110 elements not linked to the area's

[[Page 51752]]

nonattainment status are not applicable for purposes of redesignation. 
Any section 110 requirements that are linked to the Part D requirements 
for 8-hour ozone nonattainment areas are not yet due, because, as we 
explain later in this notice, no Part D requirements applicable for 
purposes of redesignation under the 8-hour standard became due prior to 
submission of the redesignation request.
    Because the Pennsylvania SIP satisfies all of the applicable 
general SIP elements and requirements set forth in section 110(a)(2), 
EPA concludes that Pennsylvania has satisfied the criterion of section 
107(d)(3)(E) regarding section 110 of the Clean Air Act.
2. Part D Nonattainment Area Requirements Under the 1-Hour and 8-Hour 
Standards
    The State College Area was designated a basic nonattainment area 
for the 8-hour ozone standard. Sections 172-176 of the Clean Air Act, 
found in subpart 1 of Part D, set forth the basic nonattainment 
requirements for all nonattainment areas. As discussed previously, 
because the State College Area was designated unclassifiable/attainment 
under the 1-hour standard, and was never designated nonattainment for 
the 1-hour standard, there are no outstanding 1-hour nonattainment area 
requirements it would be required to meet. Thus, we find that the 
Court's ruling does not result in any additional 1-hour requirements 
for purposes of redesignation.
    With respect to the 8-hour standard, EPA notes that the Court's 
ruling rejected EPA's reasons for classifying areas under subpart 1 for 
the 8-hour standard, and remanded that matter to the Agency. 
Consequently, it is possible that this area could, during a remand to 
EPA, be reclassified under subpart 2. Although any future decision by 
EPA to classify this under subpart 2 might trigger additional future 
requirements for the area, EPA believes that this does not mean that 
redesignation of the area cannot now go forward. This belief is based 
upon (1) EPA's longstanding policy of evaluating requirements in 
accordance with the requirements due at the time the request is 
submitted; and (2) consideration of the inequity of applying 
retroactively any requirements that might in the future be applied.
    At the time the redesignation request was submitted, the State 
College Area was classified under subpart 1 and was obligated to meet 
subpart 1 requirements. Under EPA's longstanding interpretation of 
section 107(d)(3)(E) of the Clean Air Act, to qualify for 
redesignation, states requesting redesignation to attainment must meet 
only the relevant SIP requirements that came due prior to the submittal 
of a complete redesignation request. See September 4, 1992 Calcagni 
memorandum (``Procedures for Processing Requests to Redesignate Areas 
to Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division). See also, Michael Shapiro Memorandum, September 
17, 1993, and 60 FR 12459, 12465-66 (March 7, 1995) (Redesignation of 
Detroit-Ann Arbor); Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004) 
(which upheld this interpretation); 68 FR 25418, 25424, 25427 (May 12, 
2003) (redesignation of St. Louis).
    Moreover, it would be inequitable to retroactively apply any new 
SIP requirements that were not applicable at the time the request was 
submitted. The DC Circuit recognized the inequity in such retroactive 
rulemaking. See, Sierra Club v. Whitman, 285 F. 3d 63 (DC Cir. 2002), 
in which the DC Circuit upheld a District Court's ruling refusing to 
make retroactive an EPA determination of nonattainment that was past 
the statutory due date. Such a determination would have resulted in the 
imposition of additional requirements on the area. The Court stated: 
``Although EPA failed to make the nonattainment determination within 
the statutory time frame, Sierra Club's proposed solution only makes 
the situation worse. Retroactive relief would likely impose large costs 
on the States, which would face fines and suits for not implementing 
air pollution prevention plan in 1997, even though they were not on 
notice at the time.'' Id. at 68. Similarly, here it would be unfair to 
penalize the area by applying to it for purposes of redesignation 
additional SIP requirements under subpart 2 that were not in effect at 
the time it submitted its redesignation request.
    With respect to the 8-hour standard, EPA proposes to determine that 
Pennsylvania's SIP meets all applicable SIP requirements under Part D 
of the Clean Air Act, because no 8-hour ozone standard Part D 
requirements applicable for purposes of redesignation became due prior 
to submission of the redesignation request for the State College Area. 
Because the Commonwealth submitted a complete redesignation request for 
the State College Area prior to the deadline for any submissions 
required under the 8-hour standard, we have determined that the Part D 
requirements do not apply to the State College Area for the purposes of 
redesignation.
    In addition to the fact that no Part D requirements applicable 
under the 8-hour standard became due prior to submission of the 
redesignation request, EPA believes it is reasonable to interpret the 
general conformity and NSR requirements of Part D as not requiring 
approval prior to redesignation.
    With respect to section 176, Conformity Requirements, section 
176(c) of the Clean Air Act requires States to establish criteria and 
procedures to ensure that Federally supported or funded projects 
conform to the air quality planning goals in the applicable SIP. The 
requirement to determine conformity applies to transportation plans, 
programs, and projects developed, funded or approved under Title 23 
U.S.C. and the Federal Transit Act (``transportation conformity'') as 
well as to all other Federally supported or funded projects (``general 
conformity''). State conformity revisions must be consistent with 
Federal conformity regulations relating to consultation, enforcement 
and enforceability that the Clean Air Act required EPA to promulgate.
    EPA believes it is reasonable to interpret the conformity SIP 
requirements as not applying for purposes of evaluating the 
redesignation request under section 107(d) since State conformity rules 
are still required after redesignation and Federal conformity rules 
apply where State rules have not been approved. See, Wall v. EPA, 265 
F. 3d 426, 438-440 (6th Cir. 2001), upholding this interpretation. See 
also, 60 FR 62748 (December 7, 1995).
    In the case of the State College Area, EPA has also determined that 
before being redesignated, the State College Area need not comply with 
the requirement that a NSR program be approved prior to redesignation. 
EPA has also determined that areas being redesignated need not comply 
with the requirement that a NSR program be approved prior to 
redesignation, provided that the area demonstrates maintenance of the 
standard without Part D NSR in effect. The rationale for this position 
is described in a memorandum from Mary Nichols, Assistant Administrator 
for Air and Radiation, dated October 14, 1994, entitled, ``Part D NSR 
Requirements of Areas Requesting Redesignation to Attainment.'' 
Normally, State's Prevention of Significant Deterioration (PSD) program 
will become effective in the area immediately upon redesignation to 
attainment. See the more detailed explanations in the following 
redesignation rulemakings: Detroit, MI (60 FR 12467-12468, March 7, 
1995); Cleveland-Akron-Lorrain, OH

[[Page 51753]]

(61 FR 20458, 20469-20470, May 7, 1996); Louisville, KY (66 FR 53665, 
53669, October 23, 2001); Grand Rapids, MI (61 FR 31831, 31836-31837, 
June 21, 1996). In the case of the State College Area, the Chapter 127 
Part D NSR regulations in the Pennsylvania SIP (codified at 40 CFR 
52.2020(c)(1)) explicitly apply the requirements for NSR in section 184 
of the Clean Air Act to ozone attainment areas within the ozone 
transport region (OTR). The OTR NSR requirements are more stringent 
than that required for a marginal or basic ozone nonattainment area. On 
October 19, 2001 (66 FR 53094), EPA fully approved Pennsylvania's NSR 
SIP revision consisting of Pennsylvania's Chapter 127 Part D NSR 
regulations that cover the State College Area.
    All areas in the OTR, both attainment and nonattainment, are 
subject to additional control requirements under section 184 for the 
purpose of reducing interstate transport of emissions that may 
contribute to downwind ozone nonattainment. The section 184 
requirements include reasonably Available control technology (RACT), 
NSR, enhanced vehicle inspection and maintenance (I/M), and Stage II 
vapor recovery or a comparable measure.
    EPA has also interpreted the section 184 OTR requirements, 
including the NSR program, as not being applicable for purposes of 
redesignation. The rationale for this is based on two considerations. 
First, the requirement to submit SIP revisions for the section 184 
requirements continues to apply to areas in the OTR after redesignation 
to attainment. Therefore, the State remains obligated to have NSR, as 
well as RACT, and I/M programs even after redesignation. Second, the 
section 184 control measures are region-wide requirements and do not 
apply to the State College Area by virtue of the area's designation and 
classification. See, 61 FR 53174, 53175-53176 (October 10, 1996) and 62 
FR 24826, 24830-24832 (May 7, 1997).
    In the case of the State College Area, which is located in the OTR, 
nonattainment NSR will be applicable after redesignation. As discussed 
previously, EPA fully approved Pennsylvania's NSR SIP revision which 
applies the requirements for NSR of section 184 of the Clean Air Act to 
attainment areas within the OTR.
3. The State College Area Has a Fully Approved SIP for the Purposes of 
Redesignation
    EPA has fully approved the Pennsylvania SIP for the purposes of 
redesignation. EPA may rely on prior SIP approvals in approving a 
redesignation request. Calcagni Memo, p. 3; Southwestern Pennsylvania 
Growth Alliance v. Browner, 144 F. 3d 984, 989-90 (6th Cir. 1998); Wall 
v. EPA, 265 F.3d 426 (6th Cir. 2001), plus any additional measures it 
may approve in conjunction with a redesignation action. See also, 68 FR 
at 25425 (May 12, 2003) and citations therein.
    The State College Area was a 1-hour attainment/unclassifiable area 
at the time of its designation as a basic 8-hour ozone nonattainment 
area on April 30, 2004 (69 FR 23857). Because the State College Area 
was a 1-hour attainment/unclassifiable area, there are no previous Part 
D SIP submittal requirements. Also, no Part D submittal requirements 
have come due prior to the submittal of the 8-hour maintenance plan for 
the area. Therefore, all Part D submittal requirements have been 
fulfilled. Because there are no outstanding SIP submission requirements 
applicable for the purposes of redesignation of the State College Area, 
the applicable implementation plan satisfies all pertinent SIP 
requirements. As indicated previously, EPA believes that the section 
110 elements not connected with Part D nonattainment plan submissions 
and not linked to the area's nonattainment status are not applicable 
requirements for purposes of redesignation. EPA also believes that no 
8-hour Part D requirements applicable for purposes of redesignation 
have yet become due for the State College Area, and therefore they need 
not be approved into the SIP prior to redesignation.

C. The Air Quality Improvement in the State College Area Is Due to 
Permanent and Enforceable Reductions in Emissions Resulting From 
Implementation of the SIP and Applicable Federal Air Pollution Control 
Regulations and Other Permanent and Enforceable Reductions

    EPA believes that the Commonwealth has demonstrated that the 
observed air quality improvement in the State College Area is due to 
permanent and enforceable reductions in emissions resulting from 
implementation of the SIP, Federal measures, and other State-adopted 
measures. Emissions reductions attributable to these rules are shown in 
Table 3.

                  Table 3.--Total VOC and NOX Emissions for 2002 and 2004 in Tons per Day (tpd)
----------------------------------------------------------------------------------------------------------------
                           Year                              Point       Area     Nonroad     Mobile     Total
----------------------------------------------------------------------------------------------------------------
                                        Volatile Organic Compounds (VOC)
----------------------------------------------------------------------------------------------------------------
Year 2002................................................        0.1        6.8        3.1        8.1       18.1
Year 2004................................................        0.1        6.7        3.1        7.0       16.9
Diff. (02-04)............................................        0.0       -0.1        0.0       -1.1       -1.2
----------------------------------------------------------------------------------------------------------------
                                              Nitrogen Oxides (NOx)
----------------------------------------------------------------------------------------------------------------
Year 2002................................................        5.8        0.8        4.0       18.8       29.4
Year 2004................................................        3.8        0.9        3.8       16.8       25.3
Diff. (02-04)............................................       -2.0        0.1       -0.2       -2.0       -4.1
----------------------------------------------------------------------------------------------------------------

    Between 2002 and 2004, VOC emissions were reduced by 1.2 tpd, and 
NOX emissions were reduced by 4.1 tpd. These reductions and 
anticipated future reductions are due to the following permanent and 
enforceable measures implemented or in the process of being implemented 
in the State College Area:

1. Stationary Point Sources
    Federal NOX SIP Call (66 FR 43795, August 21, 2001).
2. Stationary Area Sources
    Solvent Cleaning (68 FR 2206, January 16, 2003).
    Portable Fuel Containers (69 FR 70893, December 8, 2004).
3. Highway Vehicle Sources
    Federal Motor Vehicle Control Programs (FMVCP).
--Tier 1 (56 FR 25724, June 5, 1991)
--Tier 2 (65 FR 6698, February 10, 2000)
    Heavy Duty Engines and Vehicles Standards (62 FR 54694, October 21, 
1997 and 65 FR 59896, October 6, 2000).
    National Low Emission Vehicle

[[Page 51754]]

(NLEV) (64 FR 72564, December 28, 1999).
    Vehicle Safety Inspection Program (70 FR 58313, October 6, 2005).
4. Nonroad Sources
    Nonroad Diesel Engine and Fuel (69 FR 38958, June 29, 2004).

EPA believes that permanent and enforceable emissions reductions are 
the cause of the long-term improvement in ozone levels and are the 
cause of the area achieving attainment of the 8-hour ozone standard.

D. The State College Area Has a Fully Approved Maintenance Plan 
Pursuant to Section 175A of the Clean Air Act

    In conjunction with its request to redesignate the State College 
Area to attainment status, Pennsylvania submitted a SIP revision to 
provide for maintenance of the 8-hour ozone NAAQS in the State College 
Area for at least 10 years after redesignation. Pennsylvania is 
requesting that EPA approve this SIP revision as meeting the 
requirement of section 175A of the Clean Air Act. Once approved, the 
maintenance plan for the 8-hour ozone NAAQS will ensure that the SIP 
for the State College Area meets the requirements of the Clean Air Act 
regarding maintenance of the applicable 8-hour ozone standard.
What is required in a maintenance plan?
    Section 175A of the Clean Air Act sets forth the elements of a 
maintenance plan for areas seeking redesignation from nonattainment to 
attainment. Under section 175A, the plan must demonstrate continued 
attainment of the applicable NAAQS for at least 10 years after approval 
of a redesignation of an area to attainment. Eight years after the 
redesignation, the State must submit a revised maintenance plan 
demonstrating that attainment will continue to be maintained for the 
next 10-year period following the initial 10-year period. To address 
the possibility of future NAAQS violations, the maintenance plan must 
contain such contingency measures, with a schedule for implementation, 
as EPA deems necessary to assure prompt correction of any future 8-hour 
ozone violations. Section 175A of the Clean Air Act sets forth the 
elements of a maintenance plan for areas seeking redesignation from 
nonattainment to attainment. The Calcagni memo provides additional 
guidance on the content of a maintenance plan. An ozone maintenance 
plan should address the following provisions:
    (1) An attainment emissions inventory;
    (2) A maintenance demonstration;
    (3) A monitoring network;
    (4) Verification of continued attainment; and
    (5) A contingency plan.
Analysis of the State College Area Maintenance Plan
    (a) Attainment Inventory--An attainment inventory includes the 
emissions during the time period associated with the monitoring data 
showing attainment. An attainment year of 2004 was used for the State 
College Area since it is a reasonable year within the 3-year block of 
2002-2004 and accounts for reductions attributable to implementation of 
the Clean Air Act requirements to date. The 2004 inventory is 
consistent with EPA guidance and is based on actual ``typical summer 
day'' emissions of VOC and NOX during 2004 and consists of a 
list of sources and their associated emissions.
    PADEP prepared comprehensive VOC and NOX emissions 
inventories for the State College Area, including point, area, mobile 
on-road, and mobile non-road sources for a base year of 2002.
    To develop the NOX and VOC base year emissions 
inventories, PADEP used the following approaches and sources of data:
    (i) Point source emissions--Pennsylvania requires owners and 
operators of larger facilities to submit annual production figures and 
emission calculations each year. Throughput data are multiplied by 
emission factors from Factor Information Retrieval (FIRE) Data System 
and EPA's publication series AP-42 and are based on Source 
Classification Code (SCC). Each process has at least one SCC assigned 
to it. If the owners and operators of facilities provide more accurate 
emission data based upon other factors, these emission estimates 
supersede those calculated using SCC codes.
    (ii) Area source emissions--Area source emissions are generally 
estimated by multiplying an emission factor by some known indicator or 
collective activity for each area source category at the county level. 
Pennsylvania estimates emissions from area sources using emission 
factors and SCC codes in a method similar to that used for stationary 
point sources. Emission factors may also be derived from research and 
guidance documents if those documents are more accurate than FIRE and 
AP-42 factors. Throughput estimates are derived from county-level 
activity data, by apportioning national and statewide activity data to 
counties, from census numbers, and from county employee numbers. County 
employee numbers are based upon North American Industry Classification 
System (NAICS) codes to establish that those numbers are specific to 
the industry covered.
    (iii) On-road mobile sources--PADEP employs an emissions estimation 
methodology that uses current EPA-approved highway vehicle emission 
model, MOBILE 6.2, to estimate highway vehicle emissions. The State 
College Area highway vehicle emissions in 2004 were estimated using 
MOBILE 6.2 and PENNDOT estimates of vehicles miles traveled (VMT) by 
vehicle type and roadway type.
    (iv) Mobile nonroad emissions--The 2002 emissions for the majority 
of nonroad emission source categories were estimated using the EPA 
NONROAD 2005 model. The NONROAD model estimates emissions for diesel, 
gasoline, liquefied petroleum gasoline, and compressed natural gas-
fueled nonroad equipment types and includes growth factors. The NONROAD 
model does not estimate emissions from aircraft or locomotives. For 
2002 locomotive emissions, PADEP projected emissions from a 1999 survey 
using national fuel information and EPA emission and conversion 
factors. There are no commercial aircraft operations in the State 
College Area. For 2002 aircraft emissions, PADEP estimated emissions 
using small aircraft operation statistics from http://www.airnav.com, 

and emission factors and operational characteristics in the EPA-
approved model, Emissions and Dispersion Modeling System (EDMS).
    The 2004 attainment year VOC and NOX emissions for the 
State College Area are summarized along with the 2009 and 2018 
projected emissions for this area in Tables 4 and 5, which cover the 
demonstration of maintenance for this area. EPA has concluded that 
Pennsylvania has adequately derived and documented the 2004 attainment 
year VOC and NOX emissions for this area.
    (b) Maintenance Demonstration--On June 12, 2007, PADEP submitted a 
SIP revision to supplement its June 12, 2007 redesignation request. The 
submittal by PADEP consists of the maintenance plan as required by 
section 175A of the Clean Air Act. The State College Area plan shows 
maintenance of the 8-hour ozone NAAQS by demonstrating that current and 
future emissions of VOC and NOX remain at or below the 
attainment year 2004 emissions levels throughout the State College Area 
through the year 2018. A maintenance demonstration need not be based on 
modeling. See, Wall v. EPA, supra; Sierra Club v. EPA, supra. See also, 
66 FR at 53099-53100; 68 FR at 25430-25432.

[[Page 51755]]

    Tables 4 and 5 specify the VOC and NOX emissions for the 
State College Area for 2004, 2009, and 2018. PADEP chose 2009 as an 
interim year in the 10-year maintenance demonstration period to 
demonstrate that the VOC and NOX emissions are not projected 
to increase above the 2004 attainment level during the time of the 10-
year maintenance period.

            Table 4.--Total VOC Emissions for 2004-2018 (tpd)
------------------------------------------------------------------------
                                     2004 VOC     2009 VOC     2018 VOC
         Source category            emissions    emissions    emissions
------------------------------------------------------------------------
Mobile*..........................          7.0          5.4          3.7
Nonroad..........................          3.1          2.7          2.1
Area.............................          6.7          6.4          6.7
Point............................          0.1          0.1          0.1
                                  --------------------------------------
    Total........................         16.9         14.6        12.6
------------------------------------------------------------------------
* Includes safety margin identified in the motor vehicle emission
  budgets for transportation conformity.


              Table 5.--Total NOX Emissions 2004-2018 (tpd)
------------------------------------------------------------------------
                                     2004 NOX     2009 NOX     2018 NOX
         Source category            emissions    emissions    emissions
------------------------------------------------------------------------
Mobile*..........................         16.8         12.5          6.0
Nonroad..........................          3.8          3.2          1.9
Area.............................          0.9          0.9          0.9
Point............................          3.8          6.7          7.7
                                  --------------------------------------
    Total........................         25.3         23.3        16.5
------------------------------------------------------------------------
* Includes safety margin identified in the motor vehicle emission
  budgets for transportation conformity.

The following programs are either effective or due to become effective 
and will further contribute to the maintenance demonstration of the 8-
hour ozone NAAQS:

    1. Pennsylvania's Portable Fuel Containers (69 FR 70893, December 
8, 2004).
    2. Pennsylvania's Consumer Products (69 FR 70895, December 8, 
2004).
    3. Pennsylvania's Architectural and Industrial Maintenance (AIM) 
Coatings (69 FR 68080, November 23, 2004).
    4. Federal NOX SIP Call (66 FR 43795, August 21, 2001).
    5. Federal Clean Air Interstate Rule (71 FR 25328, April 28, 2006).
    6. FMVCP for passenger vehicles and light-duty trucks and cleaner 
gasoline (2009 and 2018 fleet)--Tier 1 and Tier 2 (56 FR 25724, June 5, 
1991 and 65 FR 6698, February 10, 2000).
    7. NLEV Program, which includes the Pennsylvania's Clean Vehicle 
Program for passenger vehicles and light-duty trucks (69 FR 72564, 
December 28, 1999)--proposed amendments to move the implementation to 
model year (MY) 2008.
    8. Heavy duty diesel on-road (2004/2007) and low-sulfur on-road 
(2006) (66 FR 5002, January 18, 2001).
    9. Non-road emissions standards (2008) and off-road diesel fuel 
(2007/2010) (69 FR 38958, June 29, 2004).
    Based upon the comparison of the projected emissions and the 
attainment year emissions along with the additional measures, EPA 
concludes that PADEP has successfully demonstrated that the 8-hour 
ozone standard should be maintained in the State College Area.
    (c) Monitoring Network--There is currently one monitor measuring 
ozone in the State College Area. Pennsylvania will continue to operate 
its current air quality monitor in accordance with 40 CFR part 58.
    (d) Verification of Continued Attainment--The Commonwealth will 
track the attainment status of the ozone NAAQS in the State College 
Area by reviewing air quality and emissions during the maintenance 
period. The Commonwealth will perform an annual evaluation of two key 
factors, vehicle miles traveled (VMT) data and emissions reported from 
stationary sources, and compare them to the assumptions about these 
factors used in the maintenance plan. The Commonwealth will also 
evaluate the periodic (every three years) emission inventories prepared 
under EPA's Consolidated Emission Reporting Regulation (40 CFR part 51, 
Subpart A) to see if the area exceeds the attainment year inventory 
(2004) by more than 10 percent. Based on these evaluations, the 
Commonwealth will consider whether any further emission control 
measures should be implemented.
    (e) The Maintenance Plan's Contingency Measures--The contingency 
plan provisions are designed to promptly correct a violation of the 
NAAQS that occurs after redesignation. Section 175A of the Clean Air 
Act requires that a maintenance plan include such contingency measures 
as EPA deems necessary to ensure that the State will promptly correct a 
violation of the NAAQS that occurs after redesignation. The maintenance 
plan should identify the events that would ``trigger'' the adoption and 
implementation of a contingency measure(s), the contingency measure(s) 
that would be adopted and implemented, and the schedule indicating the 
time frame by which the state would adopt and implement the measure(s).
    The ability of the State College Area to stay in compliance with 
the 8-hour ozone standard after redesignation depends upon VOC and 
NOX emissions in the area remaining at or below 2004 levels. 
The Commonwealth's maintenance plan projects VOC and NOX 
emissions to decrease and stay below 2004 levels through the year 2018. 
The Commonwealth's maintenance plan outlines the procedures for the 
adoption and implementation of contingency measures to further reduce 
emissions should a violation occur.
    Contingency measures will be considered if for two consecutive 
years the fourth highest eight-hour ozone concentrations at the State 
College Area monitor are above 84 ppb. If this trigger point occurs, 
the Commonwealth will

[[Page 51756]]

evaluate whether additional local emission control measures should be 
implemented in order to prevent a violation of the air quality 
standard. PADEP will analyze the conditions leading to the excessive 
ozone levels and evaluate what measures might be most effective in 
correcting the excessive ozone levels. PADEP will also analyze the 
potential emissions effect of Federal, State and local measure that 
have been adopted but not yet implemented at the time of excessive 
ozone levels occurred. PADEP will then begin the process of 
implementing any selected measures.
    Contingency measures will be considered in the event that a 
violation of the 8-hour ozone standard occurs at the State College 
County, Pennsylvania monitor. In the event of a violation of the 8-hour 
ozone standard, contingency measures will be adopted in order to return 
the area to attainment with the standard. Contingency measures to be 
considered for the State College Area will include, but not limited to 
the following:
    Non-regulatory measures:

--Voluntary diesel engine ``chip reflash''--installation software to 
correct the defeat device option on certain heavy duty diesel engines.
--Diesel retrofit, including replacement, repowering or alternative 
fuel use, for public or private local onroad or offroad fleets.
--Idling reduction technology for Class 2 yard locomotives.
--Idling reduction technologies or strategies for truck stops, 
warehouses and other freight-handling facilities.
--Accelerated turnover of lawn and garden equipment, especially 
commercial equipment, including promotion of electric equipment.
--Additional promotion of alternative fuel (e.g., biodiesel) for home 
heating and agricultural use.

    Regulatory measures:
--Additional controls on consumer products.
--Additional control on portable fuel containers.
The plan lays out a process to have any regulatory contingency measures 
in effect within 19 months of the trigger. The plan also lays out a 
process to implement the non-regulatory contingency measures within 12-
24 months of the trigger.

VII. Are the Motor Vehicle Emissions Budgets Established and Identified 
in the Maintenance Plan for the State College Area Adequate and 
Approvable?

A. What Are the Motor Vehicle Emissions Budgets?

    Under the Clean Air Act, States are required to submit, at various 
times, control strategy SIPs and maintenance plans in ozone areas. 
These control strategy SIPs (i.e. RFP SIPs and attainment demonstration 
SIPs) and maintenance plans identify and establish MVEBs for certain 
criteria pollutants and/or their precursors to address pollution from 
on-road mobile sources. Pursuant to 40 CFR part 93 and Sec.  51.112, 
MVEBs must be established in an ozone maintenance plan. A MVEB is the 
portion of the total allowable emissions that is allocated to highway 
and transit vehicle use and emissions. A MVEB serves as a ceiling on 
emissions from an area's planned transportation system. The MVEB 
concept is further explained in the preamble to the November 24, 1993, 
transportation conformity rule (58 FR 62188). The preamble also 
describes how to establish and revise the MVEBs in control strategy 
SIPs and maintenance plans.
    Under section 176(c) of the Clean Air Act, new transportation 
projects, such as the construction of new highways, must ``conform'' to 
(i.e., be consistent with) the part of the State's air quality plan 
that addresses pollution from cars and trucks. ``Conformity'' to the 
SIP means that transportation activities will not cause new air quality 
violations, worsen existing violations, or delay timely attainment of 
or reasonable progress towards the NAAQS. If a transportation plan does 
not ``conform,'' most new projects that would expand the capacity of 
roadways cannot go forward. Regulations at 40 CFR part 93 set forth EPA 
policy, criteria, and procedures for demonstrating and ensuring 
conformity of such transportation activities to a SIP.
    When reviewing submitted ``control strategy'' SIPs or maintenance 
plans containing MVEBs, EPA must affirmatively find the MVEB budget 
contained therein ``adequate'' for use in determining transportation 
conformity. After EPA affirmatively finds the submitted MVEB is 
adequate for transportation conformity purposes, that MVEB can be used 
by State and Federal agencies in determining whether proposed 
transportation projects ``conform'' to the SIP as required by section 
176(c) of the Clean Air Act. EPA's substantive criteria for determining 
``adequacy'' of a MVEB are set out in 40 CFR 93.118(e)(4).
    EPA's process for determining ``adequacy'' consists of three basic 
steps: public notification of a SIP submission, a public comment 
period, and EPA's adequacy finding. This process for determining the 
adequacy of submitted SIP MVEBs was initially outlined in EPA's May 14, 
1999 guidance, ``Conformity Guidance on Implementation of March 2, 
1999, Conformity Court Decision.'' This guidance was finalized in the 
Transportation Conformity Rule Amendments for the ``New 8-Hour Ozone 
and PM2.5 National Ambient Air Quality Standards and Miscellaneous 
Revisions for Existing Areas; Transportation Conformity Rule 
Amendments--Response to Court Decision and Additional Rule Change'' on 
July 1, 2004 (69 FR 40004). EPA consults this guidance and follows this 
rulemaking in making its adequacy determinations.
    The MVEBs for the State College Area are listed in Table 1 of this 
document for the 2004, 2009, and 2018 years and are the projected 
emissions for the on-road mobile sources plus any portion of the safety 
margin allocated to the MVEBs. These emission budgets, when approved by 
EPA, must be used for transportation conformity determinations.

B. What Is a Safety Margin?

    A ``safety margin'' is the difference between the attainment level 
of emissions (from all sources) and the projected level of emissions 
(from all sources) in the maintenance plan. The attainment level of 
emissions is the level of emissions during one of the years in which 
the area met the NAAQS. The following example is for the 2018 safety 
margin: The State College Area first attained the 8-hour ozone NAAQS 
during the 2002 to 2004 time period. The Commonwealth used 2004 as the 
year to determine attainment levels of emissions for the State College 
Area.
    The total emissions from point, area, mobile on-road, and mobile 
non-road sources in 2004 equaled 16.9 tpd of VOC and 25.3 tpd of 
NOX. PADEP projected emissions out to the year 2018 and 
projected a total of 12.6 tpd of VOC and 16.5 tpd of NOX 
from all sources in the State College Area. The safety margin for the 
State College Area for 2018 would be the difference between these 
amounts, or 4.3 tpd of VOC and 8.8 tpd of NOX. The emissions 
up to the level of the attainment year including the safety margins are 
projected to maintain the area's air quality consistent with the 8-hour 
ozone NAAQS. The

[[Page 51757]]

safety margin is the extra emissions reduction below the attainment 
levels that can be allocated for emissions by various sources as long 
as the total emission levels are maintained at or below the attainment 
levels. Table 6 shows the safety margins for the 2009 and 2018 years.

    Table 6.--2009 and 2018 Safety Margins for the State College Area
------------------------------------------------------------------------
                                                    VOC          NOX
                Inventory year                   emissions    emissions
                                                   (tpd)        (tpd)
------------------------------------------------------------------------
2004 Attainment...............................         16.9         25.3
2009 Interim..................................         14.6         23.3
2009 Safety Margin............................          2.3          2.0
2004 Attainment...............................         16.9         25.3
2018 Final....................................         12.6         16.5
2018 Safety Margin............................          4.3          8.8
------------------------------------------------------------------------

    PADEP allocated 0.4 tpd NOX and 0.3 tpd VOC to the 2009 
interim VOC projected on-road mobile source emissions projection and 
the 2009 interim NOX projected on-road mobile source 
emissions projection to arrive at the 2009 MVEBs. For the 2018 MVEBs 
the PADEP allocated 0.5 tpd NOX and 0.4 tpd VOC from the 
2018 safety margins to arrive at the 2018 MVEBs. Once allocated to the 
mobile source budgets these portions of the safety margins are no 
longer available, and may no longer be allocated to any other source 
category. Table 7 shows the final 2009 and 2018 MVEBs for the State 
College Area.

     Table 7.--2009 and 2018 Final MVEBs for the State College Area
------------------------------------------------------------------------
                                         VOC  emissions   NOX  emissions
            Inventory year                   (tpd)            (tpd)
------------------------------------------------------------------------
2009 projected on-road mobile source                5.1             12.1
 projected emissions..................
2009 Safety Margin Allocated to MVEBs.              0.3              0.4
2009 MVEBs............................              5.4             12.5
2018 projected on-road mobile source                3.3              5.5
 projected emissions..................
2018 Safety Margin Allocated to MVEBs.              0.4              0.5
2018 MVEBs............................              3.7              6.0
------------------------------------------------------------------------

C. Why Are the MVEBs Approvable?

    The 2004, 2009 and 2018 MVEBs for the State College Area are 
approvable because the MVEBs for NOX and VOC, including the 
allocated safety margins, continue to maintain the total emissions at 
or below the attainment year inventory levels as required by the 
transportation conformity regulations.

D. What Is the Adequacy and Approval Process for the MVEBs in the State 
College Area Maintenance Plan?

    The MVEBs for the State College Area maintenance plan are being 
posted to EPA's conformity Web site concurrent with this proposal. The 
public comment period will end at the same time as the public comment 
period for this proposed rule. In this case, EPA is concurrently 
processing the action on the maintenance plan and the adequacy process 
for the MVEBs contained therein. In this proposed rule, EPA is 
proposing to find the MVEBs adequate and also proposing to approve the 
MVEBs as part of the maintenance plan. The MVEBs cannot be used for 
transportation conformity until the maintenance plan update and 
associated MVEBs are approved in a final Federal Register notice, or 
EPA otherwise finds the budgets adequate in a separate action following 
the comment period.
    If EPA receives adverse written comments with respect to the 
proposed approval of the State College Area MVEBs, or any other aspect 
of our proposed approval of this updated maintenance plan, we will 
respond to the comments on the MVEBs in our final action or proceed 
with the adequacy process as a separate action. Our action on the State 
College Area MVEBs will also be announced on EPA's conformity Web site: 
http://www.epa.gov.otaq/stateresources/transconf/index.htm (once there, 

click on ``Adequacy Review of SIP Submissions'').

VIII. Proposed Actions

    EPA is proposing to determine that the State College Area has 
attained the 8-hour ozone NAAQS. EPA is also proposing to approve the 
Commonwealth's June 12, 2007 request for the State College Area to be 
redesignated to attainment of the 8-hour NAAQS for ozone. EPA has 
evaluated Pennsylvania's redesignation request and determined that it 
meets the redesignation criteria set forth in section 107(d)(3)(E) of 
the Clean Air Act. EPA believes that the redesignation request and 
monitoring data demonstrate that the area has attained the 8-hour ozone 
standard. The final approval of this redesignation request would change 
the designation of the State College Area from nonattainment to 
attainment for the 8-hour ozone standard. EPA is also proposing to 
approve the associated maintenance plan and the 2002 base year 
inventory for State College Area, submitted on June 12, 2007, as 
revisions to the Pennsylvania SIP. EPA is proposing to approve the 
maintenance plan for the State College Area because it meets the 
requirements of section 175A as described previously in this notice. 
EPA is also proposing to approve the MVEBs submitted by Pennsylvania 
for the State College Area in conjunction with its redesignation 
request. EPA is soliciting public comments on the issues discussed in 
this document. These comments will be considered before taking final 
action.

IX. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory

[[Page 51758]]

action'' and therefore is not subject to review by the Office of 
Management and Budget. For this reason, this action is also not subject 
to Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355 
(May 22, 2001)). This action merely proposes to approve state law as 
meeting Federal requirements and imposes no additional requirements 
beyond those imposed by state law. Redesignation of an area to 
attainment under section 107(d)(3)(e) of the Clean Air Act does not 
impose any new requirements on small entities. Redesignation is an 
action that affects the status of a geographical area and does not 
impose any new regulatory requirements on sources. Redesignation of an 
area to attainment under section 107(d)(3)(E) of the Clean Air Act does 
not impose any new requirements on small entities. Redesignation is an 
action that affects the status of a geographical area and does not 
impose any new regulatory requirements on sources. Accordingly, the 
Administrator certifies that this proposed rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule proposes to approve pre-existing requirements under state law 
and does not impose any additional enforceable duty beyond that 
required by state law, it does not contain any unfunded mandate or 
significantly or uniquely affect small governments, as described in the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). Because this 
action affects the status of a geographical area, does not impose any 
new requirements on sources, or allows the state to avoid adopting or 
implementing other requirements, this proposed rule also does not have 
a substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely proposes to approve a state rule implementing a Federal 
requirement, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This 
proposed rule also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because it approves a state rule implementing a 
Federal standard.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission; to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Redesignation is an 
action that affects the status of a geographical area and does not 
impose any new requirements on sources. Thus, the requirements of 
section 12(d) of the National Technology Transfer and Advancement Act 
of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of 
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this 
proposed rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order.
    This rule proposing to approve the redesignation of the State 
College Area to attainment for the 8-hour ozone NAAQS, the associated 
maintenance plan, the 2002 base year inventory, and the MVEBs 
identified in the maintenance plan, does not impose an information 
collection burden under the provisions of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide, 
Ozone, Reporting and recordkeeping requirements, Volatile organic 
compounds.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: August 30, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E7-17890 Filed 9-10-07; 8:45 am]

BILLING CODE 6560-50-P
